How do I keep the mother of my child from harrassing me for more child support?
Full Question:
Answer:
A custody agreement between unmarried parents or a court order can clarify custody, visitation and support issues. Unmarried parents without custody are entitled to the same visitation rights as divorced parents, absence extraordinary factors such as abuse or domestic
violence. In determining child support obligations, courts generally hold that each parent should contribute in accordance with his or her means. The court may order either or both parties to pay child support in an amount reasonable to provide for the child's necessary needs.
Child support is a mutual duty, although the primary caretaker of preschool children may not be required to obtain employment. In response to federal legislation, state laws regarding child support payments have become more severe. State laws can require employers to withhold child support from the paychecks of parents who are delinquent for one month. Employers are to be held responsible if they do not comply fully. State laws must provide for the imposition of liens against the property of those who owe support. Unpaid support must be deducted from federal and state income tax refunds. Expedited hearings are required in support
cases.
Child support guidelines are statutory in Illinois, based on a flat percentage of income model based on net income. The court may deviate from the guidelines when it finds that the application of the guidelines would be inappropriate, after consideration of certain factors. The
factors a court will consider when ordering child support for parties to a dissolution of marriage proceeding may be instructive in how a court will determine the child support amounts required for unmarried parents. The factors include:
1. The financial resources and needs of the child;
2. The financial resources and needs of the custodial parent;
3. The standard of living the child would have enjoyed had the
relationship not been dissolved;
4. The physical and emotional condition of the child and his educational
needs; and,
5. The financial resources and needs of the non custodial parent.
If the court deviates from the guidelines, it must state its reasons for
deviating from the guidelines and state the amount which would have been
required under the guidelines. The court shall also include in any order
for child support a provision providing for the health care coverage of
the child.
Parties may bring petitions to enforce or modify court orders such as
those relating to child custody, visitation rights and/or support. An
order for child custody, visitation and/or support may often be modified
based on a new set of circumstances which occurred since the original
order was issued. Modification of child support and custody orders can
be commenced by filing a petition to modify according to local court
rules and state rules of civil procedure, which vary. Typically, to
modify child custody or visitation, the parent seeking a modification
must show a "significant change of circumstances" that would support
such a modification. Change of circumstance, in the context of child
support orders, refers to a significant change in the conditions that
existed at the time of the order. Change of circumstance is governed by
state laws, which vary by state. The courts will assess not simply
whether a change occurred, but whether that change is significant enough
to warrant a modification in the award by the court. Some of the factors
which may be considered in adjusting the child support amount, among
others, may include:
1. Change in financial circumstances of the parents or the support
guidelines which would increase or decrease by a certain percentage the
amount due;
2. A change in income, work-related child care costs, and health
insurance premiums which, if changed, could constitute a material change
of circumstances;
3. Emancipation of the child.
